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Thibodeaux v. Diamond M Drilling Co.

Thibodeaux v. Diamond M Drilling Co., 632 So. 2d 736 (La. 1994)
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Court
Supreme Court of Louisiana · State Highest Courts
Decided
February 25, 1994
Docket
No. 93-C-2963
Judges
Per Curiam
Citations
632 So. 2d 7361994 La. LEXIS 5071994 WL 63563
Cited by 10

Opinion — Per Curiam

632 So.2d 736 (1994)

Floyd THIBODEAUX

v.

DIAMOND M DRILLING COMPANY.

No. 93-C-2963.

Supreme Court of Louisiana.

February 25, 1994.

PER CURIAM.

We granted this application to consider whether La.R.S. 23:1223(B) should be applied retroactively to award a credit to an employer for the temporary total benefits received by an injured employee prior to his award of supplemental earnings benefits. At the time of plaintiff's injury in 1984, LSA R.S. 23:1223 read as follows:

When compensation has been paid under R.S. 23:1221(1), (2) or (3), the amount of such payment shall be deducted from any compensation allowed under R.S. 23:1221(4) or Subpart C of this Part.

This section did not provide a credit against an award of supplemental earnings benefits until it was amended effective January 1, 1990. [1] Because the amendment established a new credit for the employer, thereby divested the employee of compensation, we find that the amendment constituted a substantive change in the law. St. Paul Fire & Marine Ins. Co. v. Smith, 609 So.2d 809, 817 (La.1992). Accordingly, retroactive application of this amendment is impermissible and the employer has no right to a reduction of benefits because no such reduction was authorized at the time of plaintiff's injury.

Judgment of the court of appeal is reversed insofar as the court allowed a credit against the award of supplemental earnings benefits for the temporary total benefits received by the plaintiff. The judgment is affirmed in all other respects.

DENNIS, J., not on panel.

NOTES

[1] The amendment added section B to the statute, which provides:

When compensation has been paid under R.S. 23:1221(1), (2), or (4), the amount of such payment shall be deducted from any compensation allowed under R.S. 23:1221(3) or Subpart C of this Part.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1994: 11995: 11997: 12000: 12002: 12003: 12004: 32005: 119942026peak 2004 · 3

Relies on it most ⓘ

  1. Frith v. Riverwood, Inc.892 So. 2d 7 (La. 2005)
  2. Town of Basile v. Clark769 So. 2d 591 (La. Ct. App. 2000)
  3. Fallen v. New Orleans Police Dept.697 So. 2d 1077 (La. Ct. App. 1997)
  4. Burge v. Louisiana Ins. Guar. Ass'n819 So. 2d 1098 (La. Ct. App. 2002)
  5. Frith v. Riverwood, Inc.878 So. 2d 595 (La. Ct. App. 2004)
  6. Crabtree v. State Farm Ins. Co.632 So. 2d 736 (La. 1994)

Most recent

  1. Frith v. Riverwood, Inc.892 So. 2d 7 (La. 2005)
  2. Rodriguez v. City of New Orleans883 So. 2d 1 (La. Ct. App. 2004)
  3. Frith v. Riverwood, Inc.878 So. 2d 595 (La. Ct. App. 2004)
  4. Gardache v. City of New Orleans874 So. 2d 247 (La. Ct. App. 2004)
  5. Benjamin v. Asplundh Tree Co.861 So. 2d 835 (La. Ct. App. 2003)
  6. Burge v. Louisiana Ins. Guar. Ass'n819 So. 2d 1098 (La. Ct. App. 2002)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
St. Paul Fire & Marine Ins. Co. v. Smith, 609 So. 2d 809 (La. 1992) 113
Crabtree v. State Farm Ins. Co., 632 So. 2d 736 (La. 1994) 105

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